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ATLANTIC BREWING CO. v. WILLIAM J. BRENNAN GROCERY CO.

No. 10264.

79 F.2d 45 (1935)

ATLANTIC BREWING CO., Inc., v. WILLIAM J. BRENNAN GROCERY CO.

Circuit Court of Appeals, Eighth Circuit.

September 13, 1935.

Attorney(s) appearing for the Case

Irvin H. Gamble, of St. Louis, Mo. (Francis L. Kane, of St. Louis, Mo., on the brief), for appellant.

George L. Stemmler, of St. Louis, Mo. (King G. McElroy and Case, Voyles & Stemmler, all of St. Louis, Mo., on the brief), for appellee.

Before STONE and FARIS, Circuit Judges, and RAGON, District Judge.

STONE, Circuit Judge.

Appellant brought an action to recover the price of beer sold to appellee. Appellee did not seriously contest the account, but presented a counterclaim for a larger amount which was denied, in any sum, by appellant. Verdict and judgment thereon were for appellee for the balance of the counterclaim above the account. Appellant appeals therefrom.

Assigned seven matters of error.1 As to assignments 1 to 5, inclusive...

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